The executive director of the National Authority for Child Care (NACC), an attached agency of the Department of Social Welfare and Development (DSWD), has called on the public to champion legal adoption to safeguard the best interest of neglected, abandoned, orphaned, and surrendered children.
Legal Adoption Process Emphasized
Undersecretary Maria Gabriela Concepcion stressed the importance of following the proper adoption process during a forum at the DSWD Central Office on Thursday. She warned against the illegal practice of birth simulation, where individuals falsify birth certificates to appear as the biological parents.
“You need to go through that (legal adoption) process because others are faking the birth certificate by making it appear that they are the birth parents, but that process has nothing in it for the child. They really need to adopt the child in the right way,” Concepcion said.
Criminal Penalties for Birth Simulation
Under Republic Act 8552, or the “Domestic Adoption Act,” simulation of birth and tampering with a child's civil registry is a criminal offense punishable by up to 12 years imprisonment and/or a fine not exceeding PHP50,000.
“If you really love the child, and you want to give him or her all the rights of a legitimate child, you have to go through the right process,” Concepcion said. “If you adopt a child, for all intents and purposes, he or she becomes a legitimate child. They will carry your surname and be one of your heirs.”
Amnesty for Simulated Births
To encourage parents to avail of legal adoption, Concepcion noted that an amnesty is available for cases of birth simulation committed on or before March 28, 2019, under Republic Act 11222, or the Simulated Birth Rectification Act of 2019.
The law provides amnesty to individuals who simulated a birth, provided the act was done “for the best interest of the child” and the child has been continuously recognized and treated as their own. The law encourages those who resorted to birth simulation to protect a child’s welfare to come forward without fear of prosecution.
It establishes a legal process to correct the simulated birth record and formally recognize the parent-child relationship. Concerned individuals may file a Petition for Administrative Adoption with Application for Rectification of Simulated Birth Record at their Local Social Welfare and Development Offices until March 29, 2029.
